Police Deadly Force Suddenly Back On The Agenda In Olympia

File photo. A possible compromise between police, community groups and lawmakers on police use of deadly force might be coming in the Washington Legislature.

Tony Webster
/ Wikimedia - tinyurl.com/zbpzuqr

Originally published on March 6, 2018 2:09 pm

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As the Washington Legislature enters its final week, a deal may be coming together to change the state’s law regarding police use of deadly force. Back-to-back public hearings on a new bill have been hastily scheduled for Tuesday and Wednesday in the House and Senate.

Over the past several weeks, House Public Safety Chairman Roger Goodman, a Democrat, said he’s been negotiating new good faith language with police, prosecutors, the De-Escalate Washington campaign and lawmakers.

Late Monday, Goodman said he was “a millimeter away” from having a deal that would keep Initiative 940 off the November ballot.

“We can avoid a contentious, adversarial fight on the ballot that would worsen the relationship between police and the community,” Goodman said. “It’s time for healing now, we need to be bringing the community and the police together and I think we should serve as a national model on that.”

Goodman did not provide the exact compromise language, but said it removes malice and streamlines the definition of good faith. “The good faith test will be much more workable under our clarifying bill,” Goodman said.

The De-Escalate Washington campaign said it had no comment, but would issue a statement on Tuesday. Republican state Representative Dave Hayes, who is a sheriff’s deputy and is a co-sponsor of the compromise bill with Goodman, was not available for comment.

Goodman said the change in the good faith standard would allow prosecutors to criminally charge police officers who act recklessly.

“[It’s a] law that will hold accountable those extremely rare circumstances that might shock the conscience that don’t happen very often at all and I hope never happen again,” Goodman said.

Goodman said if the deal holds together, the Legislature plans to pass Initiative 940 and then quickly amend it with new, compromise language defining good faith. That would require a two-thirds vote of the Legislature.

Besides a new good faith standard, Initiative 940 requires police to receive additional training on de-escalation techniques and dealing with people who are mentally ill. Goodman said those training provisions would remain intact under his compromise deal.

“I think this will make a tangible difference in public safety and for people particularly in underrepresented communities feeling safer in their neighborhoods,” Goodman said.

Dozens gathered in Olympia Tuesday night for a joint Senate Law and Justice Committee and House Public Safety Committee hearing on Initiative 940, known as “De-escalate Washington.” The initiative would make it easier to prosecute police for misuse of deadly force and require more training for officers.

There will be no criminal charges against two Seattle police officers who shot and killed 46-year-old Che Taylor during an arrest last year in the Wegwood neighborhood.

Taylor was black. The two officers who shot him are white. The decision comes after a King County inquest last month into his death.

County Prosecutor Dan Satterberg said that process and other evidence keeps him from pursuing criminal charges under the law. Specifically, the prosecutor said the officers reasonably believed their life was in danger and their fear justified their actions.